Justice beyond borders. A critical theory of transnational justice

Abstract

This article proposes a review of a critical theory of transnational justice based on the human right to justification, with the aim of assessing a normative model to address injustices beyond the borders of the nation-state. First, it presents the three main theoretical approaches to justice in global contexts: international justice (IJ), global justice (GJ), and transnational justice (TJ). Then, it reconstructs two normative perspectives on transnational justice focused on rights and obligations. Finally, Rainer Forst’s proposal develops as the foundation of a critical architecture of global justice, in which the right to justification and the concept of freedom as non-domination allows for overcoming the limitations of existing conceptions. This proposal offers a coherent and normatively robust alternative for building legitimate, democratic, and emancipatory transnational structures.